HomeMy WebLinkAbout31-Police Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
MICHAEL A. BILLDT
Assistant Chief of Police
Police
Subject: Resolution of the City of San
Bernardino approving the destruction
of certain obsolete records by the San
Bernardino Police Department
Dept:
Date: September 6, 2005
Synopsis of Previous Council action:
ORIGINAL
Resolution 2004-63 adopted March I, 2004, which approved the destruction of certain obsolete police
records dated prior to July I, 1998.
Recommended motion:
Adopt Resolution.
~1dJ~
Michael BiIldt, Assistant Chief of Police
Contact person: Sergeant John Diaz
Phone:
384-5605
Supporting data attached: Staff Report/Resolution
Ward:
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes: . .-j) 1.,(J{j, ;)()05 -30 d
If / (,(05
Agenda Item No ~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution of the City of San Bernardino approving the destruction of certain obsolete records by
the San Bernardino Police Department.
BACKGROUND:
This department retains and stores certain records and documents as required by law. These
documents consist of citizen/internal complaints and investigations, employee grievances,
internal promotional tests and evaluations. Retention of these records presents storage, security
and litigation problems for the police department. The California State Government Code
provides for the systematic destruction of records and documents that have outlived their
usefulness as evidence. The City Attorney's Office has reviewed our request and has provided
us with a list of cases that are currently in litigation. This list has been discussed with the City
Attorney's Office and relevant records of persons involved in pending litigation will be
maintained until further notice.
Government Codes 34090 and 34090.6 authorize the destruction of records when the same is no
longer required "with the approval of the legislative body by resolution and the written consent
of the city attorney. .. "
The Mayor and Common Council adopted Resolution #2004-63 on March 1, 2004, which
approved the destruction of certain obsolete police records dated prior to July 1, 1998.
The proposed resolution for the destruction of certain obsolete records with dispositions dated
prior to July 1, 1999, meets the standards outlined in the Government Code, Penal Code,
Evidence Code, and San Bernardino Police Department Standard Operating Procedures Chapter
26, Procedure 18, "Destruction of Police Records" dated 3-12-03.
FINANCIAL IMP ACT:
None.
RECOMMENDATION:
That the Mayor and Common Council approve the proposed resolution to destroy certain
obsolete records.
1
2
RESOLUTION NO. ~ IP 1f
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
4 POLICE DEPARTMENT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 approve the destruction of certain obsolete records by the San Bernardino Police Department.
9
Subject to written consent of the City Attorney, as provided in Sections 34090, 34090.5, and
10
11
34090.6 of the Government Code, the following city records, documents, instruments, books or
12 papers may be destroyed as of January 1,2005.
Citizen/personnel complaints with dispositions dated prior to July 1, 1999;
Internal investigations with dispositions dated prior to July 1, 1999;
Police canine activity and apprehension reports dated prior to January 1,2000;
Employee grievances dated prior to January 1,2000;
Internal promotional tests and evaluations dated prior to January 1, 2000;
ND,3)
q / (; ) ()~
RESOLUTION OF INTENTION - APPROVING DESTRUCTION OF CERTAIN OBSOLETE
RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT
1
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
5 held on the _ day of
6
7
8
9
10
11
12
13
14
15
16
17
18
meeting thereof
, 2005, by the following vote, to wit:
Council Members: AYES
NA YES
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
19 The foregoing resolution is hereby approved this
20
21
22
day of
,2005.
JUDITH V ALLES, Mayor
City of San Bernardino
23 Approved as to form
24 And legal content:
25 JAMES F. PENMAN
City Attorney _..- ( J
:: BY;'Lfd?~vP/W'
28
2
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q - /.{ - (,~.;- Item # 3/
Vote:
Ayes / -/7
Nays
Abstain
Resolution # c2{tJ5- 3~9-
Absent
Change to motion to amend original documents 0
Companion Resolutions
NullNoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: q - '7 - DC;
Date of Mayor's Signature: qr g, 0 S~___
Date ofClerk/CDC Signature: --.1 (~( 0\
Reso. Log Updated: ,R'
Seal Impressed: . bi
Reso. # on StaffRepo~
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
../
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
Yes
Yes
Yes
No By_
No /'/By_
No/- By_
No _/By____
NoJBY_
Yes
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o /
~/
EDA
o
o
o
o
o
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
v
Facilities
Finance
o
o
Fire Department
Human Resources
o
o
Notes:
/1
Ready to File: ..v
I
./
Date: !f ) ~I 19 s:
Revised 12/18/03